harvard and stanford law professor, kevin russell. good to have you with us, kevin. >> thank you. >> confusion on the fact that we didn't hear anything from the high court yesterday. how should we interpret that right now as we move into next week? positive, negative, why? >> well, i think it's inevitable that the court is going to take the case. the supreme court has a very strong tradition of taking cases where federal courts strike down federal statutes and that's what happened in this case. i think we can take as a given that the court is using this time to pick which of the multiple petitions out of multiple cases it is picking the best case for deciding that. part of which involves a question of which case will involve justice kagan having to recuse herself or not. >> because she was solicitor general at the time the case was brought. >> that's right. >> if the supreme court does rule on the defensive marriage act or prop 8, which justices do you believe stand in favor of same-sex marriage versus their conservative counterparts?